Underground Storage Tank Rule Update

In 2015, the Environmental Protection Agency’s Office of Underground Storage Tanks (EPA OUST) released a final rule amending the regulations governing underground storage tank (UST) systems.  As a part of their final rule, EPA OUST granted states a three-year period in which to adopt and implement the amendments made to the regulations overseeing UST systems.  According to EPA, states like Iowa with program approval have until October 13, 2018 to adopt and implement the provisions in EPA’s final rule.

PMCI and the Iowa Department of Natural Resources Underground Storage Tank Section have worked closely throughout the stakeholder process to finalize and implement a rule in Iowa.  Due to the complexity of the rule and its impact on marketers, the stakeholder process has been methodical to ensure that Iowa’s final rule meets the spirit of EPA’s intent while providing Iowa owner/operators the flexibility necessary to comply with the rules provisions.  Currently, Iowa’s rule sits in draft form and is in the final stages before it enters Iowa’s formal rulemaking process.  Twenty-nine of forty states and territories with state program approval (SPA) have updated their regulations and adopted EPA’s final rule.

With the October implementation deadline approaching, PMCI staff have received several calls to the office regarding when certain provisions of EPA’s rule will take effect.  Most notably, the monthly walk-through inspections required by the rule were set to take effect in November of 2018.  With Iowa’s final rule still in draft form, existing regulations will remain in effect until the rule moves through the formal rulemaking process and becomes final.  Monthly walk-through inspections and other provisions of the rule will not take effect until that time.  It’s likely that the rule will be finalized sometime in the spring or summer of 2019.

PMCI members should anticipate receiving a similar communication from the Iowa DNR UST Section this week.  Members with questions about the final rule should contact John Maynes in the PMCI office at 515-421-4043.